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the western carolinian 1 published weekly john beard jr editor and propriety lumber from tin beginning il : no i of tiih xvui volume salisbury rowjui county j c saturday morning june 7 1xj4 im _. mm w m e w --Â» - - m i â€¢ i to the mini of bi i ii 1 - ui f , ' making wind iw sliuttera '" 'â€¢ . a i mi water shop ono i un i e ; l : ii iilty two lo : till . i-iin,l two li li the ground that they do noi conform with tho will of their constituents tins is a brief statement of the controversy which presents for inquiry the question what is the real nature o f ilu issue between the parties â€” a jpii sti.-ti of ihe iilnio-i iiiaeiniiiile and oil the just iii the hands of congn ' m ill n..i i â– â– â– sun joup ciple of our nature which impels one department t encroach upon the other equally inqiel con gress 10 eniiol'l 1 llie i.xoi nine depart menl ' those whu framed the constitution clearly foresaw ibis dunger and havo taken measures of lectuall to 1.11,1 iigiiinsl it m ith this vii iv the const i i lis 1 the pre idonl from 1 ing b mere executive officer to a participation in the legislative funi tions of the government ; and has among otbor legislative lowers clothed him with that i the veto mainly with n x .â– â€¢Â«â€¢ lo protect his rights against tho encroachment i congress in virtue t ibis importaul poxvor na lull can bonome i law nil submitted for bis consideration if he approves n becomos a law l"ii if he disapproves it is returned to the house in which it originated in.l cannol become o law unless passed i two thirds of both houses and in ordor lo guard bis powers against the enronchment of congress through all the avenues by which it an possibly ho approached tho constitution expressly providos thnt every order resolution or vote to which tho concurrence of the senate niui house of lie pics iiiaincs urns e necessnrv none other can pass the limits of their respective balls except rn a questi f adjournment shall be presented lo iho president of the i nited states n i j before ihe inn shall take oflbct shall i proved bj him or being disapproved by him shall be repassed by two thirds of tlie senate and the house of ri.pn â– siniaiiiis according to the rules nitti limitati pr scribed in the case of a bill those provisions vx ni the patronage of the executive give ample protection to tho powers of the president hguinsl ihe encroachment of congn a as experience liu iibuiiilimlly shown ilul hero u very itnporlnnl question presonts itself i which when properly considered throws a flood of light on the question under consul ration win has the constitution limited tho veto power to bills uml to ihe orders votes and resolutions requiring the concurrence of both houses why nol also extend ii to thoir separate rotes orders or resolu tions ' hut answer . tin in given the object i to protect ll.e independence of the two houses : i prevent tho dxecutivo from iutorfcring with their proceedings or to have any control ovei thorn ns i . attempted in thi protest : on ihe grenl principle which lies til tho foundation of liberty and without which it cannol be preserved tu.it deliberative bodii i ll witlioul extrane ous control or ii lueuce free to express tb ir opi i ii ions and t nducl thoir proccodingi according to i their on n sense of proprii ly . and wi line accord â– 'â– -- that the c itution bas nol only limited the x"to to the cases requiring ibe ,- hiring voti of the ti houses bul has expressly vested each 1 1 on so with tho po'.ur of estublishiug us own rules of proceeding according to n will and plei without limitation or chock within these nulls then the sonata is the boio and absolute judge of it3 on ii powers and in the modo of conducting our business and in determining how i when our opinions ought to be expressed there is no other standard of right oi wi ing to which an ip pea can be made bul the constitution and the rules of proceedings established under the authori ty of the senate itself and so solicit us is the constitution to secure lo each 11 u ie a full control ovor its own proceedings and the freest and fullest expression of opinion on all subjects that even the majesty of the laws is relaxed to ensure perfect freedom of debate li is worthy of remark thai the provision of the constitution whi i i have ci ted in vesting in i loiigrefls the implied or construct ive powers is so worded ns nol lo comprehend ihe discretionary powers of the two mouses in deter mining th mil's of their proceedings which of course places hem beyond the interference of i longri ss itself let us now cast our exes bach in order thai we o ai . i | ... lu'iid at a single glaneo the admira ble arrangements by which the harmony of the government is secured without impairing the se parate existon 'â– nu ind pondence of the parts 1 order i prevent lie conflicts winch would have resulted necessarily if each dopartmenl bad been leli to construe its own powers all the implied or constructive powers are vested in congress i in i congress should not through its implied powers encroach upon the executive department 1 ml the judii in as not belonging to the question ihe president is clothed Â« ith ihe veto power j and thai i â– â– vi io i id nol uii'-i :â– ',- with the rights of the two lion bos t nt i 1 tlii it i pectivo proceedings it is limited to lulls oi votes that require iho con currence of tho two houses it is thus that our walls are inti . pn â€¢> .! t prot i ' the rights s hi h be long to o ,. - a si ramie constituent memlier <Â»!' the government fn in i he encroachments of lb i lx , ,, live poller and il is thus that the power which is placod in his inn is as n â– iii id to protect him : the implied or constructive pow rs of i on et.s is prevented fr m being convi rt 1 h..1.i to mt e k the rights wiiii h are â€¢ -. li iv ly v i 1 in the two h ,, â€¢ . having now established beyond controvei y t im t the president has no implied or constructive power thai he bus no authority lo exorcise miy right nol expreasl granted to him by ibe consti tution or vested in linn by law ; and thai the con stitution ha secured to tho senate tho soh of regulating its own proceedings free from all in terference iho liibiie reared l this paper and which rests upon the opposite i , -, ppoaing the right t ihe fullest and isumptinij of discretionary powi rs on ibe pad of the president li.lls prostrate in the dost with these viows il will nol !Â«â– expected thai i i oui i waste the time of the senate in examining ii contents : but if additional proof wore ue to confirm the truth of mj remarks and to how irons would have been the tendency to con flict anil how l:in i'll il v.o lid line l ll i have led the several departments in possession of ii right to ex a i implied powors at ilieir pi a , sure ilns paper would ull-.i-.l iho rtrougest in ' ' in a ' . will si e two or three of lis le oim positions which will slioii what feeble barriers reason or re gard i consistency would l to prevent conflict botweon the depart ments or to protect the legisla tive from the executive branch i the government ami bow regardless ihe president isof consistence or reason where tin object is the advancement of the powers of ins d pal t lit in or let to p.oxe thai the senate bad no right to pass tlie resolution in questi the presidoul ni is inn a long disquisition on tbe nature and cbnra tei ofour government he tells ns that i consists of three sepurnto ami independent depart mentsâ€”llie legislative . xecutivo and the judicial that the firsl is vesti d in congress the second in the president and tho lasl iu the courts with n few exceptions which he enumerates he nl informs us thai these departments are coequal ami that neiih i has ilu right to coerce or control the other ; and then concludes that tho senate has in right to pass the resolution hi question it is nut my iiiientioii to inquire whether the xieu of ibe government winch the president has presented lie or be nol correct ; bul if it were n would nol he iliil'u ult lo show that his conception tliat ilu \ are coequal and that n-'ithei has a righl i coerce oi control the othor taken in the ordi nary acceptation of these terms would deprive the sonata of all its judicial powers and much of its ne i will assume thnt his vi vs are cor rect and that as coequal departments neilhei i i llie i i hi to interfere with the other j and what lows i if wo hale lln ii 111 i , ili-itppl'oxc of hi â– â– duct be siireii h.is none on lus own principle to disapprove of ours it would seem impossible thut so , '!,\ ions and neccssiir a consequence could be 1 overlookod : yet so blind is ambition iu pursuit of power so regardless of reason or consistency that ih presidont while ho denies lo us the right to interfere Â» ith him or to questi in his m ts does m '. hesitate to charge tho senate directly and repeat edly with usurpation aud a violation of the laws and of lln t lotislitution ii\w oi l\\e v mua states , li t the i'l l-'s i session oi 1 tilt tv enty-thiro conuri-ss and full coi il ,,|' v hi h llie Â« is,!,.in iiu.l pi ipriety ofour course must mainly depend li would i ,, gn at uiista to suppose thai the involves tho question whether tho semite had a right to puss that resolution or not ; or what is ih nature and clini u ter of tbe resolution or whe ther it in correct in point of fuel or principle . or whether it was expedient to adopt it ml ibe a important questions bul tin were lulls 1.11,1 deliberately considered and were finally decided bj tho semite in the adoption of the resolution finally and irrevocably ilccidi ii so that the cannot i opened foi i sidcration i decided on by tho will of tha body itself according to tie rules i lis i tditigs n nu i i s on il demand ofthe i'r ,,!, nt no ihe question is not whether we hail a right to puss iho resolution it i one of a ver , hlh reiit character anil of much groalor magnitude it is whotlior the president has a right itx question our decision â€” ibis is the real public no -| \\ vct making appropriation foi ''â€¢<â– upport of the o r . . for tlie ., ar one thou uud < rhi bundn 1 uud . four /(, it enacted by ihe senatt and house nf rcpre y datives of the i led states of atnei iea in t ongress ijlml thai l!io following sums be uud ihe same are hereby appropriated to bo pan oui of any money in i . , thci .'. - â– â– ipropi iuti d 11 i the stip ri ni tho army flu llie year one thousand i .' luiii jred and thirty-four thai is to ay : of tin â– â– and sub ,. tones of officers one ti three hundred and eight one thou and â€¢ i u llty^avo dollars including the sinn lour i ion nl s â– . . - , i hiiiehcil nn.l eighty-six of p oud subsistence fm ti red in i thirty three j'o ,, â– f . '! ; . , â€¢ , fifty-nine thousand one hun ,. , .| and â€¢ i eiity-uiiie il l -.. clol ling f - serial is of i fficor -, twenty-four hi ,,, and four nurtured and fifty dollars for â– u â– ten -. oxch , officers in ad foi .-,,.. ., onal m i bni 1 . . .. wa i '.'. i , is nnd i yen r qui re,i in the middle wuter ',.., , â€ž von double forgi and fbr tho purcl i of in iinproi ... 11 nni l''.,i blating roof und n building '- : i t tip pet workshop renewing und repairing icnci on the public ground and lin painting public buildings al ihe in urinoiy , thn a thou und rive liuniln il dollui . for repuiringdam and removing obstructi n in way of supplying tin water to the rifle fa torj i n the she nan,i,,ah rn or at the na ! '. two thousand do for tin completion ofthe machinery in ti â– imps tin turning boring and locking i completion ofthe canal furnishing the watei erecting an annealing shop uml proof bouse erecting two shops for tempering springs and polishing bnrre . erecting two engine houses and makinu addition to t king rhops and for erecting a carpenter's and ma chine hop at the ame armory thirty-six tli one inuidred and iburteen dollars and eighty-six , i i ng storehouses ihr u-on ami pit coal re ii llie quartermaster's and clerks quarters con â– ," a river wall sinking three wells un < n p id paving the op n en the publ ' t md i'or painting some of 1 â€¢ tin same a moi â– â– ... i cenl fort payment of the taxe ed by i ie state of pennsvlvanii the i tt',1 states arsenal on the schuylkill river five liundred and sixty-i l.l dollar and fifty nine cents for the purchase nf three acres oi land m tho ala 1,3 river and building u wi i dock at the moiiui vernon arsenal in die state of alabama one thou , ei iii hundred dollars and fifty cents n to an of three hundred and sixt i for clothing ol the army camo nn i â– ", .,: iture i ivo nin th j an i i ihou and oi en liundred and forty ,;,,,- tion ; a question which goes iu its consequences io all the powers of the senate and inch involves in its decision the fact whether it is a bi parate and independent branch df the government or a mere appendix of the l.yoculiio depart ni.'iit.__l_lj tlje^^b 1 1 '" tin si ,, , | ,-: lopnhn . it x .- an in lin i accountable lo him then lull that hi has done has boon rightfully i thii i he would hale i he a|ll to ml 11 - h pi i t : itbeii be would haie the n_;lit to judge of our how lers and to assign luoiis beyond which wo should i not pass then h would have the right to deny our uuthorit to pass tho resolution uud to accuse us l , urpnlion nml the violation of law uud of the i , ti - 1 it ni nn in its adoption but if he hns nol tho right : if wo are not accountable to him ilu u all i ilu i he iias done has been wrongfully done ; ami ins whole course from beginning to end in relation to this matter would bo an opon and palpal le vio lation f tho constitutional right and privili â– the senate pi ,...; . i en of clothing for disci or the \ ear one thou i eight bun a i and ,'",', â– tated for by tho pay . forty-five thousand dollars for the medical and hospital deparunents thirty :.\ : ,! live hundred dollars for various e penses in tho quartermaster's depart , . at viz fuel forage sir v stationery blanks and and enlarging barracks quarters . te'e-li '.:â– â– ' -. uud hospitals at the various posts in the i ua n erecting toinjiorary eantoninents at such posu ) he occupied during llie year including hiitfl for the dragoons mat rials for tho authorized fbrnituro rooms of i ii_uii3sioiieil offii era and sbldiers â– ,.:,,-. -. l-.rriicks niul store-in u ,- . postagi on piiblii !â€¢ iters t xpenses of courts marl in i and co irl â– ry 1 1 . < â– l . i â– ! â– 1 1 j the . omponsation i jnd i vdra i ,:â– -. nu nl vs and witui _ : extra pay to soldiers employed in tlie en cti if barracks and quarters nn.l . if road an i other con rttinl labor under nn vcl of co of tlie snd march one thou in 1 eight hundred and ninoteen ; expenses of expn from ii i'.'.-ii or posts of escort to paymasters biro of laborers and ihe interment of deceased non-com ..,.-[- and soldiers compensation to i tra .,:' tho uuai-terina-iei i ., ueral and a stevenson sp ul r of lln uoust of i m v.w buren vice presidt nt qf tlie united states ami president of the si nut the mil lilies oi'lh prcsillonl colli i not lilt feel iho glaring incunsi tone and absurdity of his course anil in ord . to recom ilu ins . onducl w n the principles that he laid down asserted in the discussion that bo sent lus protost not as presi dent of the i nited stales but in bis individual character as andrew jackson me ma assert an thing that black is whito or thai white i black ever page â€” ever li if this papor contradicts the assertion lie throughout spi-ak ni ins official character as pr lidenl ofthe united states and regards ilu supposed injury that lias en done him is ot injury to lein n i in bis pri vate but ... iii lia i.i , h.iiai ler i ill the explan ation ,. oh remove the difficulty ono step furthei i k i would ask whal righl bus the president i'll unit 1 siap i divest l,m self of bisoffiiei i character in a question between bun and this body touching i , , i .. ml conduct '. \\ here is his au thority to descend from his high station in order 1 himself a a more private individual in whul relates lo bun in ilis public character ! bul the part of this papei which i il.e in characteristic that which lets us into ti real nature i character of this movement â€” .. ilu oiir.-e from which lie president derives the right in interfere with our proceedings lie does nol evon pretend to derivp il from any power vested in him by the constitution express or implied lie knew that such an attempt a tuld i â€¢- it . : . ,. pe less and accordingly , instead of a question of right he makes it a qui stiou of i'ltx ; uml ill iuvcrts the order of things referring ins rights t bis in lies instead of lus duties to lus rights and forget ting thai nobis always precede duties and me in fact but the obligations which ihe impose and of course thai the do nol confei power but im pose obedience â€” obedience in lus case to the cop stitution nuil tlie laws tu the discharge of his â€¢ s ti ul duties tho opposite view â€” thai on which he ails ami which would gixc to the president u right to assume whatever duty be might choose and to convert such duties into powers â€” would if uili.iiitr.il render him as absolute as ilu autocrat of all ll.e russiaa taking this err iicoi.s view of lus powers i coiii.l bo iii little loss to p.htify ins conduct â€” to just v did i say ' ii takes higher li.r higher ground ; be makes ins interference a mat ter ol obligationi of anlemn obligation imperious neeei_-.it â€” the tyrant's plea ii tells us thnt it was hoe to bis station to public opinion to prop r s if respect to tl obligation imposed l.v his con stitutional oath in lulx iii see the laws fhithfllllv execute ills i il.ilil \ s o e of the k x - iiti department and to bis obligation to u.o american pe pie as their immediate representa tive to interpose his a iih , i iii against the usurpa tions of the senate infatuated man i blinded bv ambition intoxicated b hatter and vanity ! w in . th ii i the !â– . t acquainted with llie human heart who that is conversant with the page of history , does nol sec under all this the workings i a dark in insatiable ambition which if nol arrested will finally impel inn to li ,, v ., or in country a ruin ' approved : mm 14th ih34 ndrew 1 vckson fortunately this ver important question w hich has s direct a boariug on the very existence .-! the senate as u delil.eri.ti body is susccptil le of the iii st certain and unquestionable solution i .. , i in s ei,i all who exercise power are hound io show when questioned by what authori ty it is exercised i deny the riglit of the presi dent in question he proceeding i , f the senate â€” j i'li it : iii.il cull upon his n,l e â– : __________________________________________ teiol.,1 dedate on the protest speech of mr ca1 houn in the senate of tha united states on may 6th 1834 mr calhoun rose and said : inoi ici i . h w i the offices of thi c^uartermasters and vssistants al > * i , ,-,|,â€ž- us t ion lo temporary agents ; also for ilu horse and equipments which may be re quired t keep ih â– establishment of the regiment ol dragoons , â– n â€¢ three hundred aud folly-four thou sand lollars rvii thn ',,...'. i'l il ui â– :,- â– f il ps : of i . . tho inl very undi i ict i the o ti u hero thej are â€¢â– or inance from the found â– io a fortification i â– i iron â– r | t'r in ih v item mine to the â– i-ernl arsenals for â– . i.'iu :,,-â– i -. â– er b â– i hoe of hot â– â– . 0x1 ii ... snd boats for transport i . i ol in ,-"!'. purposes ; di and cm â– >-. era p sts hire of teamster : the t ition of funds for the pay department and the is ol â– a public transport i ' ier.ll posts on i io gull mexico one hundred and forty-five thousand ilollai for the allowance to nfficbi i i i i , i .,, , â– troops â€¢ ,,- pi r dii iu to oilic.-r ii ii i.ilu.-iii i!ut tiliv-lhi tliousund dolll â– -. u i _______________â– __ am a , tear conception of the nature of the eontiovi rsy in which the senate lln.ls itsi if involved with the president it will be necessary to pass in review the events of the lasi few months which li i to it however familiar thej may meni 1 of this llo.lv '! h ir hi dor may bo very in ly gi "â€¢ it i i now ii lo nii thai il ..--, in ;'..' i nit i - â– â€¢â€¢' â– of ih gov nini.-'iil : nnd that thei provisions it i i money should bo depo ' act vested tl .) of lite i - i power of withholding ,: ,'- dep ib - and iti the â€¢ i withholding hen rei him lo n iort ; .. , t , ---. the late seen i the in cc of the pri i bed to with hold the 1 posit s on t tiictorv â– id not be assigned for the act i r which the president removed him and appointed the pre sent incumbent in bis place expressly with u mow tlml he should perform th act ins predecessor had n fused to do he accordingly remov 1 ihe depo sites and |, ported in reasons to ( n , ,-, s nml a r^^^m'-'s on ii l ttr^^^^whertniihoi-i . : p - oui tin article the se.-f^ti and the clause 1 : i cons itntion which contains n . to show in a word lin express grant of ilu power none nout - of tho < ' institution i pi ., nn h a a truth â€” as an unquestionable truth of the highest import and heretofore not sulli ,. ntly ie 1 i â– !.""!, thut the pi-i ndi nt has uo right to exercise atix implied or constructive pow â– . â– :. i speak ii n no auth â€¢. i < lonstitution by an express grunt i ., i 11 , '.â– : uctil - p .' i ', ,. - , ' ! , alone hi i uiai : he con ititu tion bay : congress shall have power " to make all la b w-hi , hull he !,,â– ,â– ,â– ai \ ,, a 1 propi r lor 1 i.i into i xi nil ai il i woi -." th i to i i " and all other p,,i rs this constitution in the government l the i nited states or in any department or oflici thereof comment is unnc â– ir tho result is inevitable the executive cannot and i mn add na depar tment can exercise any powor without express nril hi tin cixiislitiitixai or b:i nttho â– i '." fl ___________ __________! â– m the work m me city 1 savi.nn.iir i â€¢ twenty five thousand d por i â– a ,, , the repair and alterations of the bar 1 baton llougi , i ... iana ten i r â€¢ . â– !â€¢â– . ting i :' al fori severn anna l-',,r , tlie works al urei ti i mi â– i an 1 dollars rixhole transaction was thus brought un i r up i prove oi disapproval ontirel by the eel of the i executive without participation or agency nn our ipait : anil wo wen thus placed in a situation in i xx l.i.-li we were comp lied to i xpress our approba ition or disapprobation uf the transaction or t ishiiulv iv in the performance of an important dun b .. i on not hesitate the subject wai act rd _______ takou^^iiii alter nths of delilternl i noble 1111,1 wise ll 1 isviuttiltlb^flie lll'.s.l important c oquences b it ours is mude em-1 phatically a c mstituti na and legal tjovenimentj i instead of a government controlled by the discrc i tion or cnprici of those who are appointed to id i a and execute its powers by it our co i vernment instead ol consisting ol tin indepen id ui separate coi â– ind hostile departments loi ail ll m---------il.l''ll.!."l l,iirili,,lll"lls into one for ti rs of i at fort gib arl for th p ol land - ng fori sullivan dollars for national si reo hundred ui ih l.i^^te w li iiau-.i.ti ti o .- -, '\ i ited without the danger of conflict end without desfro and considered and after the opinions f all sides ing the separate and independent . ustonce i tin lot ih i'n mis s well a the op â– i ad parts lei us pause foi a inoinenl to contemplate ministration were full exp tl admirable provision and il iuipl iâ€žii effi l"il it i.-s lotion i , - , : i â€¢ : i . -, i , ol iiiirivan - i v in h lie " hupp .. nils uie â– - that resolution covered onl a part of tin trnnsac it has been often said thai this provi i..n f tlii'l 1 ' ' ' "' i that not tho st , i - .-,- constitution was unnecessary i ' grew out of was but tho agent of the pn dent in the abundant caution to remove tho possibility of a , i â– j ii , , . , ,- , , , -,. li had been | â€¢ as tq the existence ol implied or construct i for arsenal he occupied expressly with a view ol i cuting ive powers und thai they would havo existed the order of tbe president who bud o i-itl t it and to tho full extent that the now do i dared ihal he assumed tin n ponsibility and hi the who consider this provision in this light as lion was reiterated hore in the debute by mere surplusage do gn 1 injustice to the wisdom e who are known to speal his sentiments to of those who formed the constitution 1 shall nol >'"'' " omit under these circumstnnces an expi . t implied or constructive powers would ed and 0 the full exmn that the action viewed bs the act i the president would do will t this provision l.nt had il been omit â€¢ ex ' the rocruil n ou the part ol th ted n most important question would have been dereliction of duty open for cunt rovei y where would the re with this impression tho second in each department ' would each have had adopted it wai drawn n\x in the most general the right to interpret its own power and to assume for srresr .,.....,_. an d with ureal care with the view ion own will mid responsibility all ibe powers an expression of opinion as lo the motive of lboÂ«eci a lo carry into effect those i ted toil lurd auditor m an unexpei â– " x r , . . :, , ,, . , m , ... i .. in the treasury l kxocut.ve and ... iimil he expression simply to b ihe constitution what would have been the â€¢|- i i e second vuditor to close his account the fact that in the part be had taken in tho trans consequence 1 who con doubt that a state ol per under tit 1 3rd march eighteen hundred and action he bad assumed | thei conferred pelual and dai - conflict between the depart hi the constitution nor thi laws but in derogation ments would be the necessary the inevitable ro of both it is this resolution thus forced upon us suit and that tli strongest would ultimately ab l'-,r th payment of the gem ind itafl ol bm j ,| lui ,. nut mush express d whi th has -,-.!. eph sorb all the pow i ofthe other d partments ' need i,,;l j|y ! mi-sour iinlii.ti ordered intoser o(fcnfled (|| â€ž i . iei has i prove thai tho executive as tho armed inter l 1 r : :,;,,' , u 1 j:zzt ...- .. Â«. w be h . â– ,-,â€¢.:.- 1 said â€¢ n the powers of the senate ; to assign hmtl in their the patron . nl tbe government would ulli pot pa ag any balances wl ch may be due for mil i exercise to which they may and beyond whi i if le expounder of the constitu i the territory of michigan in the late they shall not go ; to deny their righl lo pass the lion ll * d this dangerous conflict is war re inst lii.ick hawk and his followers two thou reaction ; to charge them with usurpation and ihi iwi n tho departments and to provide most eflecl sand de . violation off law nnd of the o in adopt uall ibuei i cretionary or implied iny "' â€ž',,. ii â– and finallv to interpose betwe n the s a i vested all tho im d-smr^ui-nj r j ipon lb altdit of the volesol - but it li would be a great mi take to suppose that this protest is the termination of his hostility gainst the semite ll is but th timiencciuent â€” it the proclamation in v hi li he makes known hi wdl to the s i ate . laims tlieir obedience and u<i monishes them . f :;,, n lunger hi.oiiiii they ref'uso p repeal their ordinance no not ordiiiiiik â€” tb ir ilu .... i urn hurried away by the recollectii u nf the events of the lust session tin li.n-til.ti then und now waged are the same in their nature characti r and rim iple ; diflinitig only in tb m obje.-js and tin parties then l wns t\neijgj_w against n sovereign member of ii.ik iilt-deracji now against th.-ts naie fh.-n the smile i soeiated willi llie i'.xe ulixo hs its ully â€” now il i-i ilu object of im attack i repeat hostilities will i prosoe.iu 1 ag.-iinsi us unless r ie)h'lll o-:r : u!ions to elli'ct wlli.il is tlie obji , i of hooliillg ibis protest ; li.r lisg,iise it as ve will t , . , this protest and to enter it upon nur pinn ,, j i a virtual repeal t surmndjh 1.1 our right and

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the western carolinian 1 published weekly john beard jr editor and propriety lumber from tin beginning il : no i of tiih xvui volume salisbury rowjui county j c saturday morning june 7 1xj4 im _. mm w m e w --Â» - - m i â€¢ i to the mini of bi i ii 1 - ui f , ' making wind iw sliuttera '" 'â€¢ . a i mi water shop ono i un i e ; l : ii iilty two lo : till . i-iin,l two li li the ground that they do noi conform with tho will of their constituents tins is a brief statement of the controversy which presents for inquiry the question what is the real nature o f ilu issue between the parties â€” a jpii sti.-ti of ihe iilnio-i iiiaeiniiiile and oil the just iii the hands of congn ' m ill n..i i â– â– â– sun joup ciple of our nature which impels one department t encroach upon the other equally inqiel con gress 10 eniiol'l 1 llie i.xoi nine depart menl ' those whu framed the constitution clearly foresaw ibis dunger and havo taken measures of lectuall to 1.11,1 iigiiinsl it m ith this vii iv the const i i lis 1 the pre idonl from 1 ing b mere executive officer to a participation in the legislative funi tions of the government ; and has among otbor legislative lowers clothed him with that i the veto mainly with n x .â– â€¢Â«â€¢ lo protect his rights against tho encroachment i congress in virtue t ibis importaul poxvor na lull can bonome i law nil submitted for bis consideration if he approves n becomos a law l"ii if he disapproves it is returned to the house in which it originated in.l cannol become o law unless passed i two thirds of both houses and in ordor lo guard bis powers against the enronchment of congress through all the avenues by which it an possibly ho approached tho constitution expressly providos thnt every order resolution or vote to which tho concurrence of the senate niui house of lie pics iiiaincs urns e necessnrv none other can pass the limits of their respective balls except rn a questi f adjournment shall be presented lo iho president of the i nited states n i j before ihe inn shall take oflbct shall i proved bj him or being disapproved by him shall be repassed by two thirds of tlie senate and the house of ri.pn â– siniaiiiis according to the rules nitti limitati pr scribed in the case of a bill those provisions vx ni the patronage of the executive give ample protection to tho powers of the president hguinsl ihe encroachment of congn a as experience liu iibuiiilimlly shown ilul hero u very itnporlnnl question presonts itself i which when properly considered throws a flood of light on the question under consul ration win has the constitution limited tho veto power to bills uml to ihe orders votes and resolutions requiring the concurrence of both houses why nol also extend ii to thoir separate rotes orders or resolu tions ' hut answer . tin in given the object i to protect ll.e independence of the two houses : i prevent tho dxecutivo from iutorfcring with their proceedings or to have any control ovei thorn ns i . attempted in thi protest : on ihe grenl principle which lies til tho foundation of liberty and without which it cannol be preserved tu.it deliberative bodii i ll witlioul extrane ous control or ii lueuce free to express tb ir opi i ii ions and t nducl thoir proccodingi according to i their on n sense of proprii ly . and wi line accord â– 'â– -- that the c itution bas nol only limited the x"to to the cases requiring ibe ,- hiring voti of the ti houses bul has expressly vested each 1 1 on so with tho po'.ur of estublishiug us own rules of proceeding according to n will and plei without limitation or chock within these nulls then the sonata is the boio and absolute judge of it3 on ii powers and in the modo of conducting our business and in determining how i when our opinions ought to be expressed there is no other standard of right oi wi ing to which an ip pea can be made bul the constitution and the rules of proceedings established under the authori ty of the senate itself and so solicit us is the constitution to secure lo each 11 u ie a full control ovor its own proceedings and the freest and fullest expression of opinion on all subjects that even the majesty of the laws is relaxed to ensure perfect freedom of debate li is worthy of remark thai the provision of the constitution whi i i have ci ted in vesting in i loiigrefls the implied or construct ive powers is so worded ns nol lo comprehend ihe discretionary powers of the two mouses in deter mining th mil's of their proceedings which of course places hem beyond the interference of i longri ss itself let us now cast our exes bach in order thai we o ai . i | ... lu'iid at a single glaneo the admira ble arrangements by which the harmony of the government is secured without impairing the se parate existon 'â– nu ind pondence of the parts 1 order i prevent lie conflicts winch would have resulted necessarily if each dopartmenl bad been leli to construe its own powers all the implied or constructive powers are vested in congress i in i congress should not through its implied powers encroach upon the executive department 1 ml the judii in as not belonging to the question ihe president is clothed Â« ith ihe veto power j and thai i â– â– vi io i id nol uii'-i :â– ',- with the rights of the two lion bos t nt i 1 tlii it i pectivo proceedings it is limited to lulls oi votes that require iho con currence of tho two houses it is thus that our walls are inti . pn â€¢> .! t prot i ' the rights s hi h be long to o ,. - a si ramie constituent memlier * i , ,-,|,â€ž- us t ion lo temporary agents ; also for ilu horse and equipments which may be re quired t keep ih â– establishment of the regiment ol dragoons , â– n â€¢ three hundred aud folly-four thou sand lollars rvii thn ',,...'. i'l il ui â– :,- â– f il ps : of i . . tho inl very undi i ict i the o ti u hero thej are â€¢â– or inance from the found â– io a fortification i â– i iron â– r | t'r in ih v item mine to the â– i-ernl arsenals for â– . i.'iu :,,-â– i -. â– er b â– i hoe of hot â– â– . 0x1 ii ... snd boats for transport i . i ol in ,-"!'. purposes ; di and cm â– >-. era p sts hire of teamster : the t ition of funds for the pay department and the is ol â– a public transport i ' ier.ll posts on i io gull mexico one hundred and forty-five thousand ilollai for the allowance to nfficbi i i i i , i .,, , â– troops â€¢ ,,- pi r dii iu to oilic.-r ii ii i.ilu.-iii i!ut tiliv-lhi tliousund dolll â– -. u i _______________â– __ am a , tear conception of the nature of the eontiovi rsy in which the senate lln.ls itsi if involved with the president it will be necessary to pass in review the events of the lasi few months which li i to it however familiar thej may meni 1 of this llo.lv '! h ir hi dor may bo very in ly gi "â€¢ it i i now ii lo nii thai il ..--, in ;'..' i nit i - â– â€¢â€¢' â– of ih gov nini.-'iil : nnd that thei provisions it i i money should bo depo ' act vested tl .) of lite i - i power of withholding ,: ,'- dep ib - and iti the â€¢ i withholding hen rei him lo n iort ; .. , t , ---. the late seen i the in cc of the pri i bed to with hold the 1 posit s on t tiictorv â– id not be assigned for the act i r which the president removed him and appointed the pre sent incumbent in bis place expressly with u mow tlml he should perform th act ins predecessor had n fused to do he accordingly remov 1 ihe depo sites and |, ported in reasons to ( n , ,-, s nml a r^^^m'-'s on ii l ttr^^^^whertniihoi-i . : p - oui tin article the se.-f^ti and the clause 1 : i cons itntion which contains n . to show in a word lin express grant of ilu power none nout - of tho < ' institution i pi ., nn h a a truth â€” as an unquestionable truth of the highest import and heretofore not sulli ,. ntly ie 1 i â– !.""!, thut the pi-i ndi nt has uo right to exercise atix implied or constructive pow â– . â– :. i speak ii n no auth â€¢. i < lonstitution by an express grunt i ., i 11 , '.â– : uctil - p .' i ', ,. - , ' ! , alone hi i uiai : he con ititu tion bay : congress shall have power " to make all la b w-hi , hull he !,,â– ,â– ,â– ai \ ,, a 1 propi r lor 1 i.i into i xi nil ai il i woi -." th i to i i " and all other p,,i rs this constitution in the government l the i nited states or in any department or oflici thereof comment is unnc â– ir tho result is inevitable the executive cannot and i mn add na depar tment can exercise any powor without express nril hi tin cixiislitiitixai or b:i nttho â– i '." fl ___________ __________! â– m the work m me city 1 savi.nn.iir i â€¢ twenty five thousand d por i â– a ,, , the repair and alterations of the bar 1 baton llougi , i ... iana ten i r â€¢ . â– !â€¢â– . ting i :' al fori severn anna l-',,r , tlie works al urei ti i mi â– i an 1 dollars rixhole transaction was thus brought un i r up i prove oi disapproval ontirel by the eel of the i executive without participation or agency nn our ipait : anil wo wen thus placed in a situation in i xx l.i.-li we were comp lied to i xpress our approba ition or disapprobation uf the transaction or t ishiiulv iv in the performance of an important dun b .. i on not hesitate the subject wai act rd _______ takou^^iiii alter nths of delilternl i noble 1111,1 wise ll 1 isviuttiltlb^flie lll'.s.l important c oquences b it ours is mude em-1 phatically a c mstituti na and legal tjovenimentj i instead of a government controlled by the discrc i tion or cnprici of those who are appointed to id i a and execute its powers by it our co i vernment instead ol consisting ol tin indepen id ui separate coi â– ind hostile departments loi ail ll m---------il.l''ll.!."l l,iirili,,lll"lls into one for ti rs of i at fort gib arl for th p ol land - ng fori sullivan dollars for national si reo hundred ui ih l.i^^te w li iiau-.i.ti ti o .- -, '\ i ited without the danger of conflict end without desfro and considered and after the opinions f all sides ing the separate and independent . ustonce i tin lot ih i'n mis s well a the op â– i ad parts lei us pause foi a inoinenl to contemplate ministration were full exp tl admirable provision and il iuipl iâ€žii effi l"il it i.-s lotion i , - , : i â€¢ : i . -, i , ol iiiirivan - i v in h lie " hupp .. nils uie â– - that resolution covered onl a part of tin trnnsac it has been often said thai this provi i..n f tlii'l 1 ' ' ' "' i that not tho st , i - .-,- constitution was unnecessary i ' grew out of was but tho agent of the pn dent in the abundant caution to remove tho possibility of a , i â– j ii , , . , ,- , , , -,. li had been | â€¢ as tq the existence ol implied or construct i for arsenal he occupied expressly with a view ol i cuting ive powers und thai they would havo existed the order of tbe president who bud o i-itl t it and to tho full extent that the now do i dared ihal he assumed tin n ponsibility and hi the who consider this provision in this light as lion was reiterated hore in the debute by mere surplusage do gn 1 injustice to the wisdom e who are known to speal his sentiments to of those who formed the constitution 1 shall nol >'"'' " omit under these circumstnnces an expi . t implied or constructive powers would ed and 0 the full exmn that the action viewed bs the act i the president would do will t this provision l.nt had il been omit â€¢ ex ' the rocruil n ou the part ol th ted n most important question would have been dereliction of duty open for cunt rovei y where would the re with this impression tho second in each department ' would each have had adopted it wai drawn n\x in the most general the right to interpret its own power and to assume for srresr .,.....,_. an d with ureal care with the view ion own will mid responsibility all ibe powers an expression of opinion as lo the motive of lboÂ«eci a lo carry into effect those i ted toil lurd auditor m an unexpei â– " x r , . . :, , ,, . , m , ... i .. in the treasury l kxocut.ve and ... iimil he expression simply to b ihe constitution what would have been the â€¢|- i i e second vuditor to close his account the fact that in the part be had taken in tho trans consequence 1 who con doubt that a state ol per under tit 1 3rd march eighteen hundred and action he bad assumed | thei conferred pelual and dai - conflict between the depart hi the constitution nor thi laws but in derogation ments would be the necessary the inevitable ro of both it is this resolution thus forced upon us suit and that tli strongest would ultimately ab l'-,r th payment of the gem ind itafl ol bm j ,| lui ,. nut mush express d whi th has -,-.!. eph sorb all the pow i ofthe other d partments ' need i,,;l j|y ! mi-sour iinlii.ti ordered intoser o(fcnfled (|| â€ž i . iei has i prove thai tho executive as tho armed inter l 1 r : :,;,,' , u 1 j:zzt ...- .. Â«. w be h . â– ,-,â€¢.:.- 1 said â€¢ n the powers of the senate ; to assign hmtl in their the patron . nl tbe government would ulli pot pa ag any balances wl ch may be due for mil i exercise to which they may and beyond whi i if le expounder of the constitu i the territory of michigan in the late they shall not go ; to deny their righl lo pass the lion ll * d this dangerous conflict is war re inst lii.ick hawk and his followers two thou reaction ; to charge them with usurpation and ihi iwi n tho departments and to provide most eflecl sand de . violation off law nnd of the o in adopt uall ibuei i cretionary or implied iny "' â€ž',,. ii â– and finallv to interpose betwe n the s a i vested all tho im d-smr^ui-nj r j ipon lb altdit of the volesol - but it li would be a great mi take to suppose that this protest is the termination of his hostility gainst the semite ll is but th timiencciuent â€” it the proclamation in v hi li he makes known hi wdl to the s i ate . laims tlieir obedience and u